West Virginia Code § 24-2A-1

Special rates for gas and electric utility customers receiving Social
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Security Supplemental Security Income (SSI), Aid to Families with Dependent
Children (AFDC), Aid to Families with Dependent Children--Unemployed (AFDC-U)
or food stamps.
The commission shall order each gas and electric utility subject to its jurisdiction, except
municipal or cooperative gas or electric utilities, to offer special reduced raetes applicable to
gas and electric service for the billing months of December, January, February, March and
April of each year (beginning with the billing month of December, 1983r), to residential utility
customers receiving (a) social security supplemental security income (SSI), (b) aid to
families with dependent children (AFDC), (c) aid to families with dependent children--
unemployed (AFDC-U), or (d) food stamps, if such food stamp recipients are sixty years of
age or older. The special reduced rate offered by each gas atnd electric utility to its eligible
customers shall be twenty percent less than the rate which would be applicable to such
customers if they were not receiving any of the four forms of assistance which confer
eligibility for the special reduced rates. A customer of a utility offering special reduced rates
shall be eligible to receive such rates for each of the billing months of December, January,
February, March and April that correlates to a calendar month during which that customer
is eligible to participate in one or more of the qualifying programs specified in this section,
except as otherwise provided in this section. The correlation of billing months to calendar
months of eligibility to participate in a qualifying program is as follows: A December billing
month correlates to the calendar month of November; a January billing month correlates to
the calendar month of Decembeer; a February billing month correlates to the calendar month
of January; a March billing month correlates to the calendar month of February; and an April
billing month correlatesL to the calendar month of March. After the billing month of April,
1984, no customer shall be eligible to receive the special reduced rates until the billing
month in which that customer applies for such rates. For the billing months of December,
1983, and JanVuary, February, March and April, 1984, a customer shall be eligible to receive
a utility's special reduced rates for any of said billing months which correlates to a calendar
month during which that customer is eligible to participate in one or more of the qualifying
programs specified in this section, regardless of the date on which that customer applies for
such rates: Provided, That the date of application falls on or prior to May 15, 1984. No
customer who applies for the special reduced rates after May 15, 1984 shall be eligible to
receive such rates for any of the billing months of December, 1983 or January, February,
March or April, 1984. Before any individual may qualify to receive the special reduced rates,
the following requirements must be met:
(a) The special reduced rates shall apply only to current customers or to those persons who
subsequently become customers in their own right. If an SSI, AFDC, AFDC- U or food stamp
recipient is living in a household which is served under the name of a person who is not an
SSI, AFDC, AFDC-U or food stamp recipient, that service may not be changed or have been
changed subsequent to March 12, 1983, to the name of the SSI, AFDC, AFDC-U or food
stamp recipient in order to qualify for service under the special reduced rates.
(b) The burden of proving eligibility for the special reduced rates shall be on the customer
requesting such rates. The department of human services shall establish by rules and
regulations procedures (1) to inform persons receiving any of the four forms of assistance
which confer eligibility for the special reduced rates about the availability of the special
reduced rates, (2) to assist applicants for the special reduced rates in proving their eligibility
therefor, and (3) to assist gas and electric utilities offering the special reduced rates in
determining on a continuing basis the eligibility therefor of persons receivineg or applying for
such rates. The commission shall establish by rules and regulations procedures for the
application for and provision of service under the special reduced ratesr and for the
determination and certification of revenue deficiencies resulting from the special reduced
rates. Within ten days of the effective date of this article, the commission and the
department of human services shall adopt temporary rules and regulations, as required by
this section, which rules and regulations shall not be subjectt to the requirements of chapter
twenty-nine-a and section seven, article one of chapter twenty-four except that they shall be
filed with the Secretary of State and published in the state register. These temporary rules
and regulations shall remain in effect until supplanted by permanent rules and regulations,
which shall be adopted by the commission and the department of human services within one
hundred eighty days of the effective date of this article. No customer who is a recipient of
more than one of the four forms of assistance which confer eligibility for the special reduced
rates shall be eligible for more than one twenty percent discount for gas service and one
twenty percent discount for electric service during each billing month that said customer is
eligible to receive the special reduced rates.
(c) In order to provide each eligible residential utility customer the special reduced rates for
the billing months of DeLcember, 1983, through April, 1984, (hereinafter referred to as the
first special-reduced-rate season), each utility providing the special reduced rates shall
credit against the am ount otherwise owed by each customer an amount equal to the
difference betVween the total amount that each such customer was actually billed during the
first special-reduced-rate season and the total amount that each customer would have been
entitled to be billed under the special reduced rates. Each such credit shall be fully reflected
on the first bill issued to each such customer after approval of each such customer's
application for the special reduced rates, except in cases where the interval between the
approval and the issuance of the next bill is so short that it is administratively impracticable
to do so, in which cases such credits shall be fully reflected on the second bill issued to each
such customer after approval of that customer's application. If the interval between the
approval and the issuance of the next bill is fifteen days or more, it shall not be deemed
administratively impracticable to reflect such credit on the customer's first such bill.

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